We use cookies to customise content for your subscription and for analytics.If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Newsletter employment: I legislation highlights

Presidency of the Council of Ministers and Ministry of Finances, Ministry of Foreign Affairs, Ministry of Defence, Ministry of Home Affairs, Ministry of Justice, Ministry of Economy and Employment, Ministry of Agriculture and Sea, Ministry of Environment and Spatial Planning, Ministry of Health, Ministry of Education and Science and Ministry of Solidarity and Social Security.

This Order regulates the programme of personnel downsizing to be carried out in the bodies and services of the central administration in 2013, also referred to as Programa de Rescisões por Mútuo Acordo (Termination of Employment by Agreement Programme).

According to this Order the Programa de Rescisões por Mútuo Acordo concerns direct and indirect State administration civil servants who meet the following conditions:

Being 59 years old or younger;

Having a permanent employment contract as civil servant;

Having a general career as technical assistant or operations assistant or a career or category set out in the annex which is an integral part of this Order, or performing duties for which they are required to have finished the compulsory education, albeit completed by suitable vocational training or high school (12th year) or an equivalent course of studies;

Being at least five years away from reaching the compulsory legal retirement age applicable in each case.

Moreover, the Programa de Rescisões por Mútuo Acordo may be implemented in local governments that adhered to it, in which case the bodies of the local governments may apply, mutatis mutandis, the terms and conditions therein provided for. However the above mentioned Programa de Rescisões por Mútuo Acordo does not apply to employees who, on 9 July 2013, were still waiting for a response to the application for retirement or early retirement.

In order to adhere to the Programa de Rescisões por Mútuo Acordo the employee should meet the conditions referred to above and should explicitly express that intention, and apply, between 1 September and 30 November 2013, for the termination of his or her employment contract, by means of an application addressed to the Secretary of State of the Public Administration, who will define by decree the manner in which the application is to be submitted, its terms and the information to be supplied with it.

Finally, it should be highlighted that, in accordance with the Programa de Rescisões por Mútuo Acordo, acceptance by the employer of the proposal for a termination of employment in civil service precludes the creation of a new employment relation in the public service or any other, including for the supply of services, with bodies and services of the direct and indirect State administration, regional bodies and services and with local governments, including with any public companies thereof and any other State bodies or public legal persons, for a number of months equal to four times the number resulting from the division of the amount of the compensation granted by the value of 30 days’ base pay, rounded up.

Related topic hubs

Compare jurisdictions: Employment: USA

“The new ACC Newsstand is one of the best e-resources that I have encountered in 21 years of practicing Employment Law. The information is timely, helpful and easy to navigate. Thank you for offering it and please continue it indefinitely!!”